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CALIFORNIA FAMILY CODE
DOMESTIC VIOLENCE PREVENTION ORDERS
Definition of "Abuse" for Purposes of DV Orders
Family Code Section 6321
(a) The court may issue an ex parte order excluding a party from the family
dwelling, the dwelling of the other party, the common dwelling of both
parties, or the dwelling of the person who has care, custody, and control
of a child to be protected from domestic violence for the period of time
and on the conditions the court determines, regardless of which party
holds legal or equitable title or is the lessee of the dwelling.
(b) The court may issue an order under subdivision (a) only on a showing
of all of the following:
(1) Facts sufficient for the court to ascertain that the party who will
stay in the dwelling has a right under color of law to possession of the premises.
(2) That the party to be excluded has assaulted or threatens to assault
the other party or any other person under the care, custody, and control
of the other party, or any minor child of the parties or of the other party.
(3) That physical or emotional harm would otherwise result to the other
party, to any person under the care, custody, and control of the other
party, or to any minor child of the parties or of the other party.